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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=48593

Judge Conner

PLAINTIFF BROUGHT an action under 42 USC §1983 against County of Orange, its elected sheriff, corrections administrator, and assistant corrections administrator. Plaintiff sought compensatory damages from the County and compensatory and punitive damages from the individual defendants, claiming that their actions regarding his pretrial detention and release constituted a violation of his free speech, due process and equal protection rights. Plaintiff argued that defendants retaliated against him for his public criticism of police misconduct by causing or acquiescing in maltreatment by sheriff’s deputies. The court granted defendants’ summary judgment motion dismissing all claims, except for the retaliatory transfer claim, finding an issue of fact on that claim. The court noted that although defendants may have advanced a legitimate penological reason for plaintiff’s transfer to Rikers Island, it cannot say as a matter of law that defendants would have transferred plaintiff there absent a retaliatory motive.

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